Gardberg & Kemmerly, P.C. Attorneys at Law

Seeking SSD benefits for a traumatic brain injury

Whether it is in a car accident, a slip-and-fall accident or a sporting accident, when a person in Alabama injures his or her head, the effects can be severe and long lasting. A serious type of head injury is a traumatic brain injury (TBI).

Those who suffer a TBI may find that it changes the entire course of their lives. They may be homebound, unable to work or in severe cases, unable to care for themselves. The Social Security Administration (SSA) recognizes that a TBI can be a disabling condition, and includes TBIs in its Listing of Impairments, meaning that if all federal requirements are met, a person with a TBI will be considered disabled. And, a person with TBI may seek Social Security Disability benefits for injuries.

What federal requirements must be met for a TBI to constitute a disability for purposes of pursuing Social Security Disability (SSD) benefits? A TBI must fall under one of two categories of impairment. One category is if there is a disorganization of motor function in two of the person's extremities (like their arms or legs) that makes the person's ability to stand up, maintain balance or use his or her upper extremities limited for at least three months in a row after sustaining the TBI.

The second category is if there is a marked limitation in the applicant's physical functioning and mental functioning for at least three months in a row after sustaining the TBI. The areas of mental functioning that may be considered for this purpose include the following: the ability to understand, remember or apply information; the ability to interact with others; the ability to concentrate, persist or maintain pace; or the ability to adapt or manage oneself.

When one suffers from a TBI, they may find their whole life has been turned upside down. Activities that were once done with ease becomes difficult, if not impossible. When this happens, a person may want to seek SSD benefits. An attorney can explain more about the federal requirements a person with a TBI must meet when seeking SSD benefits.

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